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HomeMy WebLinkAboutPlng & Econ Dev - 1992-05-11PED\1992-05-11 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES MAY 11, 1992 The Planning and Economic Development Committee met this date commencing at 4:00 p.m. under the Chairmanship of Alderman J. Ziegler, with the following members present: Mayor D.V. Cardillo and Aldermen C. Weylie, B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, C. Zehr, T. Galloway and G. Lorentz. Officials Present: Mr. T. McKay, Mr. S. Klapman, Mr. B. Stanley, Mr. T. McCabe, Mr. J. Wallace, Mr. L. Masseo, Ms. V. Gibaut, Mr. G. Borovilos, Mr. D. Mansell, Mr. P. Wetherup, Mr. K. Curtis, Mr. D. Snow and Mr. L.W. Neil. 1.MINUTES Moved by Alderman C. Weylie Seconded by Alderman T. Galloway That the minutes of the regular meeting of the Planning and Economic Development Committee held April 27, 1992, as mailed to the members, be accepted. Carried 2. CORRESPONDENCE Nil. 3.HURON BUSINESS PARK PHASE II - 360006 ONTARIO LIMITED (GUS ULMER) - REQUEST FOR EXTENSION. The Committee considered a memorandum dated May 5, 1992 from Ms. V. Gibaut discussing a request for a third extension of the closing date of a land purchase in Phase II of Huron Business Park. Mr. G. Ulmer was in attendance and indicated agreement with the recommendation in the staff report. Moved by Alderman B. Stortz Seconded by Mayor D.V. Cardillo That 360006 Ontario Limited (Gus Ulmer) be granted an extension on the closing date for Part of Lot 14, Registrars Compiled Plan 1371, Part 1 on Reference Plan 58R-5840 - Phase II Huron Business Park, being 1.47 acres from June 1, 1992 to June 1, 1993 with no interest being charged. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. 4. REAL ESTATE COMMISSIONS. The Committee considered a memorandum dated May 5, 1992 prepared by G. Borovilos in which it was recommended that the City's Real Estate Commission payable on Real Estate transactions in Lancaster Corporate Centre be changed to 5% of the total purchase price. Several reasons supporting the change were documented in the staff memorandum. Moved by Alderman C. Weylie Seconded by Alderman G.L. Leadston That the Real Estate Commission payable to Real Estate Brokers or their Agents in Lancaster Corporate Centre be changed to 5% of the total purchase price. Carried PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 146 - MAY 11, 1992 4. REAL ESTATE COMMISSIONS. (CONT'D) The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. 5.SPECIAL COMMITTEE MEETING RE OFFICIAL PLAN REVIEW Mr. B. Stanley briefly referred to the process agreed to with regard to the Official Plan Review and noted that while it had provided for public open houses and focus group meetings, the process had not provided for input from members of City Council. He suggested that it was now at a stage appropriate for members of the Planning and Economic Development Committee to become involved and recommended that a special meeting be held prior to the Committee's June 15th meeting when Regional staff intend to make a presentation. He indicated that he had discussed this matter with Alderman J. Ziegler, Chairman, who favors the evening of May 25, 1992 following completion of the regular Committee meeting that date. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz That the Planning and Economic Development Committee, following its regular meeting of May 25, 1992, hold a special meeting commencing at 7:00 p.m. to discuss issues relative to the Official Plan Review. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. 6.PD 33~92 - HURON BUSINESS PARK COMMUNITY PLAN REVIEW. The Committee was in receipt of Planning and Development Staff Report PD 33/92 dealing with the Huron Business Park Community Plan Review. Mr. B. Stanley pointed out that the Community Plan was approved approximately ten years ago and lands were prezoned well in advance of the processing of plans of subdivision. Since the approval, there have been a number of significant changes, particularly in the last few years, which now necessitate a complete review of the Plan. Such matters as the Strasburg Creek Master Watershed Plan, the Huron Environmental Area, revisions to the Transportation System and difficulty with respect to topography necessitate the reconsideration of the viability of such lands for industrial purposes in favor of non-business park land use alternatives such as Office Park or Residential. In summary, large portions of the Huron Community are considered not appropriate for industrial uses. Mr. Ron Sills, 235 King Street East, appeared as a delegation on behalf of Breslau Farms Limited which has property located in the middle of the environmental assessment area. He noted that the City approved a severance of the property sometime ago and that his client wishes to sell the land to the City for which they had filed a subdivision plan that has been deferred. He indicated that his client wishes to enter into active negotiations to have the City acquire the lands likely for purposes of a future park and requested that staff be instructed to commence negotiations. Mr. B. Stanley advised that he and Mr. T. Clancy had had a series of meetings with officials of Breslau Farms and noted that they would be included on the Property Owners Sub-Committee participating in review of the Community Plan. He pointed out that Mr. Sills had been referring to the parcel of land that would become land-locked as a result of transportation route changes. Mr. Sills commented that his client wishes to have some certainty as to disposition of his lands. Mr. T. McKay suggested that Mr. Sills' client consider submitting an offer to the City. No other delegations were registered respecting this matter. PLANNING AND ECONOMIC - 147 - MAY 11, 1992 DEVELOPMENT COMMITTEE MINUTES 6.PD 33~92 - HURON BUSINESS PARK COMMUNITY PLAN REVIEW. (CONT'D) Moved by Alderman T. Galloway Seconded by Alderman M. Yantzi That, City staff be authorized to undertake a full land use and transportation system review of the lands comprising the undeveloped portion of the Huron Business Park Community Plan. Such review to be undertaken with the full participation of property owners through the establishment of a Huron Community Property Owners Committee to be chaired by the Commissioner of Planning and Development. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. 7.STAFF PRESENTATION, DELEGATION SUBMISSIONS AND DISCUSSION RE: PD 25/91 - ZCA 881711BIZJ (DREWLO HOLDINGS INC.) PD 26/91 - ZCA 881721HIZJ (FRANCES GMACH) PD 41/92 - ZCA 911311HICL (FELVIRA DEVELOPMENTS) Staff presentation, delegation submissions and discussion respecting Planning and Development Staff Reports PD 25/91, PD 26/91 and PD 41/92 is recorded hereunder. Recommendations of the Committee relative to these matters will follow discussion under individual title within these minutes. The Committee was in receipt of a report regarding a revision to the Country Hills East Community Plan, Subdivision Application and Zone Change Application submitted by Drewlo Holdings Inc. with regard to lands in the area of Homer Watson Boulevard/Bleams Road/Block Line Road Extension. The proposed zoning change is from Agriculture (A) and Heavy Industrial (HI) according to By-law 4830 to Restricted Residential (R2A), Semi-Restricted Residential (R2B), Semi-Restricted Residential (R2B) with special regulations, Semi-Restricted Residential (R2), Semi-Restricted Residential (R2) with special regulations, and Park, Public Open Space (P) all according to By-law 4830 and Neighbourhood Shopping Centre Zone (C-2), and Neighbourhood Shopping Centre Zone (C-2) with special regulation provisions according to By-law 85-1. In this regard, the Committee considered Staff Report PD 25/91 dated March 13, 1992 and two Proposed By-laws each dated April 21, 1992 attached to the report. It was noted in the report that the subject lands comprise 42.041 hectares and are located on the west side of Homer Watson Boulevard and extend through to the CNR Rail Line. The lands are specifically bounded by Bleams Road to the south, an Ontario Hydro Corridor, Balzer Creek and the CNR to the east, an Ontario Hydro Corridor and Open Space to the north and Huron Watson Boulevard to the west. The applicant proposes to rezone the 42.468 hectare parcel of land in order to facilitate the development of a subdivision consisting of 147 lots for single detached dwellings, 58 lots for semi-detached dwellings, 9 multiple family blocks, two neighbourhood commercial blocks, 2 park blocks, and 3 open space blocks. This Plan of Subdivision requires the partial extension of Block Line Road to the east. Also, as a result of detailed review of the proposed development, revision to the proposed Community Plan is required to more accurately reflect the areas to be retained for open space and parkland in consideration of their environmental significance. The Committee was advised that the Department of Planning and Development was also in receipt of Subdivision and Zone Change Applications submitted by Frances Gmach with regard to lands bordering Homer Watson Boulevard located south of the subdivision proposed by Drewlo Holdings Inc. The proposed zoning change is from Agriculture (A) to Restricted Residential (R2A) with special regulations and Park, Public Open Space (P) all according to By-law 4830. In this regard, the Committee considered Staff Report PD 26/91 dated April 15, 1992 and a Proposed By-law dated April 21, 1992 attached to the report. It was noted in the report that the subject lands comprise 10.342 hectares and are located in the Country Hills East Community and are specifically bounded by Homer Watson Boulevard to the west, a Neighbourhood Commercial development to the south which fronts onto PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 148 - MAY 11, 1992 7.STAFF PRESENTATION, DELEGATION SUBMISSIONS AND DISCUSSION RE: PD 25/91 - ZCA 881711BIZJ (DREWLO HOLDINGS INC.) PD 26/91 - ZCA 881721HIZJ (FRANCES GMACH) PD 41/92 - ZCA 911311HICL (FELVlRA DEVELOPMENTS). (CONT'D) Bleams Road and a residential Draft Plan of Subdivision (30T-86035) to the east and to the north. The applicant proposes to rezone the 10.342 hectare parcel of land to facilitate the development of a subdivision consisting of 89 lots for single detached dwellings, one block for open space purposes, and 2 walkway blocks. Staff pointed out in the report that one issue remains contentious respecting the ultimate development of Street Three involving development of lands at the end of the proposed cul-de-sac in conjunction with remnant lands situated between the subject lands and Homer Watson Boulevard. The Committee was also in receipt of a report dealing with a Zone Change Application submitted by Felvira Developments relative to a remnant parcel of land fronting on Homer Watson Boulevard. The proposed zoning change is from Agriculture (A) to Restricted Residential (R2A) with special regulations according to By-law 4830. In this regard, the Committee considered Staff Report PD 13/92, which staff advised should be renumbered as PD 41/92, and a Proposed By-law dated April 23, 1992 attached to the report. It was noted in Staff Report PD 41/92 that the subject lands comprising approximately 35,400 square feet, represent a remnant parcel from lands to the north which are separated by Balzer Creek and which have recently received approval to be developed with service commercial and residential uses. This zone change is intended to allow for the development of these remnant lands from the northerly service commercial and residential development which are to be developed in conjunction with the adjacent Draft Plan of Subdivision 30T-86036 of F. Gmach. Staff have recommended that this triangle of lands be accommodated within a normal cul-de-sac design and development so as to ensure that all the lands are utilized with no remnant pieces and ensure standard road sizes and servicing. It was pointed out that notice that the Committee would hold a public meeting this date to consider these matters had previously been given. Alderman J. Ziegler enquired from staff as to location of the subject properties and upon receiving a response advised that he wished to disclose a conflict of interest and abstain from discussion as his parents own property near to these parcels of land. Alderman J. Ziegler then vacated the Chair in favor of Alderman C. Weylie, Vice Chairman, who conducted the meeting to consider these applications. Ms. C. Ladd advised that staff had nothing further to add to the reports under consideration other than to request several revisions to a Subdivision Agreement and substitution of new by-laws. Firstly, in regard to Staff Report PD 25/91, Subdivision Application 30T-86035 (Drewlo Holdings Inc.), she requested Condition 63 be revised by deleting the third paragraph and substituting new wording which she provided to the Committee. She also requested that Condition 69 be slightly revised so as to delete reference to Stage 1 and insert Stage 3 in the last sentence relative to the cash portion of park dedication. Also, she tabled an additional Condition 78 dealing with a requirement that a warning clause relative to a Hydro Transformer Station on Bleams Road be included in all Purchase Offers respecting Block 97. Finally, in regard to the Drewlo Holdings Inc. Zone Change Application she requested that the two Proposed By-laws dated April 21, 1992 be replaced with identical By- laws dated April 6, 1992 and May 8, 1992. Ms. Ladd then referred to Staff Report PD 26/91 and requested that the Proposed By-law dated April 21, 1992 be replaced with an identical By-law dated April 6, 1992. Ms. Ladd then pointed out that the staff report respecting Zone Change Application 91/31/H/CL (Felvira Developments) had been numbered as PD 13/92 and advised that this report number should be changed to PD 41/92. Mr. Bernie Hermsen, MacNaughton Hermsen Britton Clarkson Planning Ltd., appeared as a delegation in regard to the staff reports. Mr. Hermsen advised that he had no concerns with respect to Staff Report PD 25/91. In regard to Staff Report PD 26/91, he advised that he was in substantial PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 149 - MAY 11, 1992 7.STAFF PRESENTATION, DELEGATION SUBMISSIONS AND DISCUSSION RE: PD 25/91 - ZCA 881711BIZJ (DREWLO HOLDINGS INC.) PD 26/91 - ZCA 881721HIZJ (FRANCES GMACH) PD 41/92 - ZCA 911311HICL (FELVlRA DEVELOPMENTS). (CONT'D) agreement except with regard to the configuration of a cul-de-sac designated as Street Three on the map attached to the staff report. He noted that staff have amended what his client had proposed and that their plan was still their preference as they feel it provides the most efficient lotting plan. He did comment that if the Committee favors the staff recommendation then Block 8(5 could function as a stand-alone lot. Mr. T. McCabe advised that the department position was that their proposal for lotting was a conventional and appropriate approach for a cul-de-sac. Mr. Ron Sills, 235 King Street East, appeared as a delegation on behalf of DGMS Developments in regard to Staff Report PD 25/91 and pointed out that his client owns lands in the area of the extension of Blockline Road. He indicated that he had a concern with respect to Condition 71 of the Subdivision Application dealing with Block 105 and noted that it was originally intended that Block 105 provide an alternate access to a development that has been abandoned. Accordingly, he suggested that Block 105 should become a public street and Condition 71 be eliminated with staff being authorized to make any other necessary changes. Mr. T. McCabe advised that the Public Works Department is not in a position to accept any such request at this time and that to create a public road was inappropriate. However, he stated that through the subdivision approval process, some minor changes could be approved later. Mr. Mark Dorfman, appeared as a delegation in regard to Staff Report PD 41/92 and advised that he was in support of the staff position relative to the remnant triangle of land fronting on Homer Watson Boulevard. He noted that the Proposed By-law contained a 12.2 metre setback requirement from Homer Watson Boulevard and that the proposal of Mr. Hermsen would have a negative impact and that the only obvious solution would be to remove the setback requirement from the Proposed By- law. Accordingly, he asked that the recommendation be approved as is and if it was not, then he requested removal of the 12.2 metre setback requirement in the Proposed Zoning By-law. Alderman C. Zehr questioned Mr. R. Sills as to whether the Conditions in the staff report were as a result of the original request of his client. Mr. Sills acknowledged they were but that because of changed circumstances, justification for a street could be made. Mr. T. McCabe commented that Planning staff have not received any information from Mr. Sills in this regard and commented that if DGMS can prove their proposal to the City's Public Works Department they could submit a subdivision plan for consideration. Mr. McCabe indicated that he was not saying no to the request of Mr. Sills. Mr. Sills indicated that he was satisfied with this matter as long as it was referred to in the meeting minutes. Alderman T. Galloway expressed a concern respecting woodlots on the subject lands and Mr. K. Curtis responded with an explanation that the woodlot area had been increased because of inclusion of lands within an expanded floodplain area. Mr. McCabe indicated that staff would obtain and advise of the acreage of the woodlot. Alderman M. Wagner referred to the woodlot and questioned who decides what trees were to be saved. Mr. T. McCabe briefly reviewed the planning process as its relates to tree preservation. No other delegations responded to the Chairman's invitation to address the Committee on these matters. The Committee then considered the staff reports and recommendations and each is dealt with under separate title following this section. 8.PD 25/91 - REVISION TO COUNTRY HILLS EAST COMMUNITY PLAN. - HOMER WATSON BLVD./BLEAMS RD./BLOCK LINE RD. EXTENSION. - ZONE CHANGE APPLICATION 881711BIZJ. - SUBDIVISION APPLICATION 30T-86035 (DREWLO HOLDINGS INC.) - FAIRVIEW WARD PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 150 - MAY 11, 1992 8.PD 25/91 - REVISION TO COUNTRY HILLS EAST COMMUNITY PLAN. - HOMER WATSON BLVD./BLEAMS RD./BLOCK LINE RD. EXTENSION. - ZONE CHANGE APPLICATION 881711BIZJ. - SUBDIVISION APPLICATION 30T-86035 (DREWLO HOLDINGS INC.) - FAIRVlEW WARD. (CONT'D) Consideration of Staff Report PD 25/91 took place under separate title (item No. 7 of these minutes) in conjunction with discussion of Staff Reports PD 26/91 and PD 41/92. The Committee considered Staff Report PD 25/91 and agreed to the revisions requested by Ms. C. Ladd this date to Conditions 63 and 69 and addition of 78 to the Subdivision Application and replacement of the two Proposed By-laws attached to the report with redated By-laws. Moved by Alderman B. Stortz Seconded by Mayor D.V. Cardillo A) That PD 80/87 -"Country Hills East Community Plan" be revised as follows: That Map 1, "Country Hills East Community Plan" be amended to change the designation of a portion of the land north of Bleams Road, east of the proposed secondary collector road and west of the CN Railway, from "Low Density Residential", "Park" and "Multiple Residential (100 uph)" to "Open Space" and "Park" as shown on Map 1. It is the opinion of this Committee that the approval of this revision to the Community Plan is proper planning for the City. B) That Zone Change Application 88/71/B/ZJ (Drewlo Holdings Inc.) requesting a change in zoning from Agriculture (A) and Heavy Industrial (HI) according to By-law 4830 to Restricted Residential (R2A), Semi-Restricted Residential (R2B), Semi-Restricted Residential (R2B) with special regulations, Semi-Restricted Residential (R2), Semi- Restricted Residential (R2) with special regulations, and Park, Public Open Space (P) all according to By-law 4830 and Neighbourhood Shopping Centre Zone (C-2) and Neighbourhood Shopping Centre Zone (C-2) with a special regulation provision according to By-law 85-1, on Lots 2, 8, 13 and 20, Reg. Compiled Plan 1482, be approved, in the form shown in the revised "Proposed By-laws" attached dated April 6, 1992 and May 8, 1992, subject to the subdivision conditions listed in (C) below. c) That Subdivision Application 30T-86035 (Drewlo Holdings Inc.) be recommended to the Regional Municipality of Waterloo for draft approval subject to the following conditions: That the subdivider enter into a Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions shall be written therein. The Subdivider covenants and agrees: 50. That the final plans for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 90 12 03, providing that minor amendments to said plan acceptable to the Commissioner of Planning and Development and not affecting the numbering of lots or blocks, may be permitted without an amendment to this agreement. 51. That in view of the regulations of The Registry Act, the Subdivision must be registered in three (3) stages, with Stage 1 consisting of Lots 1-101 inclusive and Blocks 102 to 118 inclusive; Stage 2 shall consist of Lots 1 to 95 inclusive and Blocks 96 to 107 inclusive; and Stage 3 shall consist of the balance of the lands as shown on the Seventh Schedule attached hereto and in accordance with the following: (a) That Stage 2 of this Plan of Subdivision may register immediately consecutive with or subsequent to Stage 1 of this Plan; PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 151 - MAY 11, 1992 PD 25/91 - REVISION TO COUNTRY HILLS EAST COMMUNITY PLAN. - HOMER WATSON BLVD./BLEAMS RD./BLOCK LINE RD. EXTENSION. - ZONE CHANGE APPLICATION 881711BIZJ. - SUBDIVISION APPLICATION 30T-86035 (DREWLO HOLDINGS INC.) - FAIRVlEW WARD. (CONT'D) (b) That the registration of Stage 3 of this Plan of Subdivision shall not occur until such time as the alignment of the Block Line Road extension is finalized and the City has obtained approval from the Railway Transport Committee (RTC) for a level crossing over the Canadian National Rail Line (CNR). In the event a grade separated crossing is required, a final design for the alignment of Block Line Road and any revisions to the design of Stage 3 must be approved by the City and Regional Municipality of Waterloo prior to registration of Stage 3 of the Plan of Subdivision. 52. To submit for the approval of the City's Commissioner of Public Works in consultation with the City's Department of Parks and Recreation, the Grand River Conservation Authority and the Ministry of Natural Resources, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include provision for any required erosion and siltation control features to be installed both during and after construction stages of each stage of the Plan of Subdivision. Further, the Subdivider agrees to implement all required measures as outlined in the approved final plan. 53. To submit a Lot Grading and Drainage Control Plan for the approval of the City's Department of Public Works, the Department of Parks and Recreation, the Ministry of Natural Resources, the Grand River Conservation Authority, Ontario Hydro and the Regional Municipality of Waterloo to be approved prior to registration of each stage of the Plan of Subdivision. 54. That the street names within the entire Subdivision Plan shall be approved by City Council prior to the registration of any stage of the Plan of Subdivision. 55. That all construction traffic to and from the proposed subdivision development shall be restricted to Homer Watson Boulevard and Bleams Road. Construction traffic shall be prohibited from using Block Line Road west of Homer Watson Boulevard. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the Subdivider being responsible for any signage, where required all to the satisfaction of the City's Director of Traffic and Parking Services. 56. That prior to any grading, the Regional Archaeologist or a Consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the Subdivider. 57. To construct 1.5 metre wide concrete sidewalks along the following streets, all to the satisfaction of the City's Department of Public Works: (a) Both sides of Block Line Road and the north side of Bleams Road along the frontage of the plan of subdivision; (b) Both sides of Streets One, Two, Three, Five, Six, Eight, Nine, Ten and Twelve. (c) Both sides of Street Four extending from Street One to Street Five and then extending along only one side along the southerly side to Block 113. (d) One side of Street Thirteen (to a link within the open space). 58. To obtain from the Grand River Conservation Authority, a 'Fill, Construction and Alteration to Waterways Permit' under Ontario Regulation 154/86. Such permit shall be obtained prior to on-site grading, the installation of services and prior to the City's release of each stage of the Subdivision Plan for registration purposes. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 152 - MAY 11, 1992 PD 25/91 - REVISION TO COUNTRY HILLS EAST COMMUNITY PLAN. - HOMER WATSON BLVD./BLEAMS RD./BLOCK LINE RD. EXTENSION. - ZONE CHANGE APPLICATION 881711BIZJ. - SUBDIVISION APPLICATION 30T-86035 (DREWLO HOLDINGS INC.) - FAIRVlEW WARD. (CONT'D) 59. The Subdivider agrees that in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development of certain treed areas worth saving, the Subdivider agrees to design the grading and development of each stage of the subdivision in accordance with acceptable tree saving measures. In this regard, the Subdivider agrees to comply with the following two-step process in the development of each stage of the subdivision. (a) Prior to the City releasing each stage of the Subdivision Plan for registration, the Subdivider shall submit the proposed Grading Control Plan for the approval of the City's Commissioner of Parks and Recreation in consultation with the City's Department of Planning and Development. This approval shall be in addition to the Commissioner of Public Works approval required by Section 52 hereof and the City agrees to co-ordinate engineering and tree saving objectives between the relevant City Departments in order to reach a satisfactory Grading Control Plan. The plan submitted to the City's Commissioner of Parks and Recreation shall show: existing and proposed grade elevations; ii) indication of groundwater and surface drainage; iii) description of soil characteristics; iv) delineation of "work zones"; being defined as areas to be disturbed due to area/rough grading, cut and fill, installation of roads and services or construction vehicle access; v) location and description of tree protection measures to be implemented around specified work zones. The Subdivider agrees that no road construction or any grading within the subdivision shall occur until such time as all measures for the protection of trees affected by such construction or grading have been implemented to the satisfaction of the City's Department of Planning and Development; and vi) location of proposed stock piles of excavation materials. (b) Prior to the Subdivider applying for or being issued a building permit for any particular Lot containing trees worth saving as shown on the Grading Control Plan approved by the City's Commissioner of Parks and Recreation, a Tree Saving/Site Plan for the particular Lot shall be submitted to and approved by the Department of Planning and Development. Said plans(s) shall show: delineation of "work zones"; being defined as areas to be disturbed due to site/final grading, excavation, installation of services, construction or vehicular access; ii) the approximate location, size, species and condition of all existing trees greater than 100 DBH which are located within a 6.0 metre band around the defined work zones. iii) indication of which trees are to be saved within the 6.0 metre band around the work zones, such trees being tagged or similarly identified in the field by the Subdivider. PLANNING AND ECONOMIC - 153 - MAY 11, 1992 DEVELOPMENT COMMITTEE MINUTES PD 25/91 - REVISION TO COUNTRY HILLS EAST COMMUNITY PLAN. - HOMER WATSON BLVD./BLEAMS RD./BLOCK LINE RD. EXTENSION. - ZONE CHANGE APPLICATION 881711BIZJ. - SUBDIVISION APPLICATION 30T-86035 (DREWLO HOLDINGS INC.) - FAIRVlEW WARD. (CONT'D) iv) location, description of tree protection measures to be implemented within each particular Lot around the work zones. The Subdivider agrees to implement at its cost, the approved protection measures prior to any site grading, excavation, or construction occurring on any particular Lot; v) the location of buildings, driveways and walkways; vi) existing and proposed elevations; and vii) location of proposed stock piles of excavation materials. (c) The Subdivider agrees to develop the subdivision in accordance with all approved plans and agrees that no trees shall be removed from the subdivision lands except those trees approved for removal as shown on the Grading Control Plan approved by the City's Commissioner of Parks and Recreation or as shown on the Approved Tree Saving/Site Plan(s) approved by the City's Department of Planning and Development without the permission of the City. Furthermore, the Subdivider agrees to provide the relevant builders and prospective purchasers with a copy of the Grading Control Plan approved by the City's Commissioner of Parks and Recreation and a copy of the approved Tree Saving/Site Plan(s) where applicable. 60. That Block 107 (Stage 1) shall only be used as a lot consolidation with the abutting proposed Neighbourhood Commercial Block legally described as Block K, R.P. 1335; Pt Lot 5, R.P. 1028; and Pt Lot 2, Reg Compiled Plan 1452 subject to final approval of Zone Change Application 90/5/B/ZJ. Said Block 107 shall be conveyed at such time as requested by the adjacent landowner at market value plus one half the tendered contract price of Street Three along the frontage of the subject lands. 61. That no building permits shall be applied for or issued for Block 97 (Stage 2) until such time as the Grand River Conservation Authority has determined the limit of the floodline and a Zone Change is approved to determine the ultimate use of the site. Upon approval of a Zone Change and immediately upon request by the Subdivider, the City agrees to convey the 0.3 metre reserve, Block 107, back to the Subdivider. 62. That no building permits shall be issued within Stage 1 of the subdivision plan until such time as Block Line Road Extension is constructed to two lanes on a four lane base, between Homer Watson Boulevard and the easterly limit of Streets Two and Six (Stage 1) in a manner satisfactory to the Commissioner of Public Works. In the event Block Line Road is not constructed between Homer Watson Boulevard and the westerly limits of this Plan of Subdivision, the Subdivider shall be responsible for the construction of this portion and no building permits shall be issued within Stage 1 until this portion of Block Line Road and related works has been accepted by the Department of Public Works and has been opened by By-law. In the event this portion of Block Line Road has been constructed as part of the development of adjacent lands by others, the Subdivider shall therefore not be responsible for the construction of that portion. Further, no building permits shall be issued within Stage 3 of the subdivision plan until such time as Block Line Road Extension is completed by the City between Streets Two and Six in Stage 1 and the easterly limits of the Plan of Subdivision. 63. That since there is insufficient monies available in the City's Development Charge Account to permit the City to fund the extension of Block Line Road up to Streets Two and Six which is required for Stage 1 of this plan, the Subdivider agrees to be responsible for PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 154 - MAY 11, 1992 PD 25/91 - REVISION TO COUNTRY HILLS EAST COMMUNITY PLAN. - HOMER WATSON BLVD./BLEAMS RD./BLOCK LINE RD. EXTENSION. - ZONE CHANGE APPLICATION 881711BIZJ. - SUBDIVISION APPLICATION 30T-86035 (DREWLO HOLDINGS INC.) - FAIRVlEW WARD. (CONT'D) all costs related to the required extension of Block Line Road. The City will be responsible for the construction of that portion of Block Line Road between Streets Two and Six and the easterly limits of the subdivision at such time these works are approved and monies allocated as part of the City's Capital Budget process. In this regard, the City recognizes that it will be responsible for 100% of the cost of the extension of Block Line Road. Accordingly, the City hereby agrees to recognize any monies paid by the Subdivider for any work or services which would normally be assessed against the City's Development Charge Reserve, with such monies representing a credit towards any City Development Charge required for development within each Lot or Block. The offset will be made by the City only as a credit with respect to monies required to be paid for Development Charges for development within the Plan. Said offset shall be charged initially against that portion of the applicable development charge with respect to engineering services required to be paid prior to the City's release of the plan of subdivision for registration. Any remaining offset will be credited against that portion of the applicable development charges which is required to be paid at the time of issuance of Building Permits. In this regard, the Subdivider shall provide to the City, a list of those lots and blocks to which credit will be assigned and the Subdivider shall enter into a supplementary agreement with the City outlining the aforementioned, with the offset to be registered against title of each specified lot or block, prior to the registration of Stage 1 of the Plan. The same approach shall be repeated for the registration of each Stage, with any outstanding offset balance after the entire Plan has been registered and all permits issued not being paid in actual monies by the City, remaining with the lands for any future credit to additional development. Upon the total of the offset reaching the amount of monies properly paid by the Subdivider for the specified work, then the Development Charges will be paid in the normal manner in accordance with the City's by-law in that regard. Following completion of the construction of the required extension of Block Line Road in a manner satisfactory to the City's Commissioner of Public Works, the Subdivider shall provide evidence to the City, satisfactory to the City Solicitor and the Commissioner of Public Works, as to the payment in full for said works including evidence that there are no claims or possibility of claims under the construction Lien Act. 64. As part of the Subdividers responsibility to construct Street One in Stage 2, it shall include the extension of Street One over old Balzer Road, and upon construction and acceptance by the Department of Public Works, the City agrees to open said portion by By-law. 65. To convey to the City, at no cost and free of encumbrance, the following lands for the purposes stated therein, concurrently with the registration of Stage 1 of the Plan of Subdivision: (a) Blocks 111 and 112 for Storm Water Management purposes; (b) Block 109 and 110 for open space purposes; (c) Blocks 114 to 118 inclusive for 0.3 metre reserves; (d) Blocks 106 and 108 for park purposes. 66. To convey to the City, at no cost and free of encumbrance, the following lands for the purposes stated therein, concurrently with the registration of Stage 2 of the Plan of Subdivision: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 155 - MAY 11, 1992 PD 25/91 - REVISION TO COUNTRY HILLS EAST COMMUNITY PLAN. - HOMER WATSON BLVD./BLEAMS RD./BLOCK LINE RD. EXTENSION. - ZONE CHANGE APPLICATION 881711BIZJ. - SUBDIVISION APPLICATION 30T-86035 (DREWLO HOLDINGS INC.) 67. 68. FAIRVlEW WARD. (CONT'D) Block 102 for Storm Water Management; (a) (b) (c) (d) (e) Blocks 100 and 101 for hazard lands; Block 99 for open space purposes; Blocks 104, 105 and 107 for 0.3 metre reserves. Should Draft Plan of Subdivision 30T-88036 be registered immediately consecutive with this plan, the 0.3 metre reserves shall not be required. Block 103 for park purposes. To convey to the City, at no cost and free of encumbrance, Block 13 (Stage 3) for a 0.3 metre reserve concurrently with the registration of Stage 3 of the Plan of Subdivision. That 0.3 metre reserve Blocks 116, 117 and 118 (Stage 1) be conveyed to the City as part of the Stage 1 which shall be held by the City for the purposes of facilitating the future alignment of Block Line Road through Stage 3. In this regard, the Subdivider shall be responsible for the cost of certification of title of the City's reserves which shall be included within the Stage 3 plan. These reserves, Blocks 116 and 118, will become part of the lots and blocks in Stage 3 and the City agrees that immediately subsequent to registration of Stage 3 of the Plan of Subdivision, the City agrees to convey its' interest in Blocks 116 and 118 to the Subdivider, at no cost and free of encumbrance. Reserve Block 117 shall be dedicated as 'public highway' as part of the Stage 3 registration. 69. The conveyance of Blocks 106 and 108 (Stage 1) and Block 103 (Block 2) shall satisfy 2.055 hectares of the total 3.526 hectare parkland dedication required. This requirement is based on the provision of one hectare of parkland for every 300 dwellings units for this proposed subdivision. The remainder shall be required as a cash contribution from the Subdivider to the City of Kitchener Park Trust Fund Account in lieu of land for park purposes and in fulfilment of the Planning Act's park dedication requirement. Said contribution shall be equivalent to the value of 1.471 hectares, with said value and contribution being determined as of the day before the day of draft approval and paid immediately prior to the registration of Stage 3 of the plan of subdivision. 70. To fill, compact and grade in both preliminary and finished form, topsoil and seed/sod Block 106 and 109 (Stage 1) if required and Block 103 (Stage 2) to the satisfaction of the Department of Parks and Recreation, to be completed in conjunction with the timing of grading of surrounding residential development, not to exceed two years from the registration of Stage 2 of the subdivision plan or at an alternate time approved in writing by the Commissioner of Parks and Recreation. 71. That Block 105 (Stage 1) shall only be used for access and shall be conveyed as joint ownership to the abutting property owners of those lands legally described as Reserve Block "J" and Part of Reserve Block "H", Reg. Plan 1329, and Lot 1 Compiled Plan 1482, more particularly described as Parts 2 and 3, Plan 58R-7081. The Subdivider agrees to convey Block 105 immediately upon request at market value plus one-half the tendered contract price of Street One along the entire frontage of Block 105. 72. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES To construct temporary turning circles to City standards on Street 9 within Lots 8 and 9 and Street 10 within Lot 18 all within Stage 2 as shown on the attached Plan of Subdivision. Said turning circles shall be designed, located and ultimately removed to the satisfaction of the Department of Public Works, at such time as the respective streets are extended through the adjacent Plan of - 156 - MAY 11, 1992 PD 25/91 - REVISION TO COUNTRY HILLS EAST COMMUNITY PLAN. - HOMER WATSON BLVD./BLEAMS RD./BLOCK LINE RD. EXTENSION. - ZONE CHANGE APPLICATION 881711BIZJ. - SUBDIVISION APPLICATION 30T-86035 (DREWLO HOLDINGS INC.) - FAIRVlEW WARD. (CONT'D) Subdivision 30T-88036. No building permits shall be issued for Lots 8, 9, and 18 (Stage 2) until the temporary turning circles are removed. 73. To make satisfactory arrangements with Ontario Hydro for any required temporary and permanent fencing around the hydro facilities and for the relocation or revisions of Ontario Hydro facilities if required as a result of the design of the subdivision, prior to registration of Stages 1 and 3 respectively. In this regard, the subdivider shall present a letter to the Department of Planning and Development confirming that satisfactory arrangements have been made with Ontario Hydro for the above matters, prior to the release of each of Stages 1 and 3 of the Plan of Subdivision for registration. 74. The Subdivider agrees to install a permanent 1.2 metre high wire fence of an alternative marking system along the boundary of Blocks 99, 100 and 101 (Stage 2) where these blocks abut residential lots or blocks prior to occupancy of any residential lots or blocks, or at such time as required by the Commissioner of Parks and Recreation. Further, the Subdivider agrees to include a statement advising of the fencing or marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for any Lots or Blocks abutting Blocks 99, 100 or 101 (Stage 2). 75. To construct at its cost and to the satisfaction of the Commissioner of Public Works, an emergency vehicular access connecting Street Eight and existing Balzer Road prior to the 76. 77. 78. D) E) issuance of any building permits within Stage 1. This design shall include a knockdown barrier at the end of Street Eight to prevent through traffic between Street Eight and Balzer Road. No building permits shall be issued for any of the Lots located on Street Twelve (Stage 2) until such time as Draft Plan of Subdivision 30T-86035 (Karl Gmach) is registered and the connecting Street 3 within Plan 30T-86035 is developed and open to vehicular traffic together with the emergency access to Homer Watson Boulevard contained within Block 91 of that Plan. To convey Block 106 (Stage 2) to the easterly abutting property owner of those lands legally described as Lot 9, Municipal Compiled Plan 1482 as a lot consolidation, immediately upon request of such owner at market value plus half the tendered contract price of Street One along the property's entire frontage. To notify all purchasers of Block 97 (Stage 2) by including in all Offers of Purchase/Agreements of Sale and Rental Agreements, a warning clause stating that due to the existing location of a Hydro Transformer Station on Bleams Road, excessive noise may be generated which may occasionally interfere with the enjoyment of the property. That the implementing Zoning By-laws for Zone Change Application 88/71/B/ZJ (Drewlo Holdings Inc.) not be presented to City Council until Subdivision Application 30T-88035 has received Regional Draft Plan Approval and the Country Hills East Community Plan has been approved by the Region whereupon the amending Zoning By-laws shall be presented to Council for all three readings. That an exemption to Council's Reduced Road Allowance Policy be granted in order to allow a sidewalk to developed on only one side of Street Four between Street Five and Walkway Block 113), which functions as a 16 metre cul-de-sac but retains an 18 metre road allowance in order to maintain a more functional and consistent alignment with the remainder of Street Four. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 157 - MAY 11, 1992 PD 25/91 - REVISION TO COUNTRY HILLS EAST COMMUNITY PLAN. - HOMER WATSON BLVD./BLEAMS RD./BLOCK LINE RD. EXTENSION. - ZONE CHANGE APPLICATION 881711BIZJ. - SUBDIVISION APPLICATION 30T-86035 (DREWLO HOLDINGS INC.) - FAIRVlEW WARD. (CONT'D) F) That concurrently with the opening of that portion of Balzer Road within Street One of the Plan of Subdivision, Council approve a name change from Balzer Road to the approved name for Street One. It is the opinion of this Committee that the approval of this zone change and subdivision application is proper planning for the City and is in conformity with the City's Approved Official Plan. Carried Alderman J. Ziegler previously disclosed a conflict of interest and abstained from all discussion and voting as his parents own property near to the subject property. Alderman C. Weylie, Vice Chairman, advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. PD 26/91 - HOMER WATSON BOULEVARD AND BLEAMS ROAD. - ZONE CHANGE APPLICATION 881721HIZJ. - SUBDIVISION APPLICATION 30T-86036 (FRANCES GMACH). - FAIRVIEW WARD. Consideration of Staff Report PD 26/91 took place under separate title (item No. 7 of these minutes) in conjunction with discussion of Staff Report PD 25/91 and Staff Report PD 41/92. The Committee considered Staff Report PD 26/91 and agreed to the revision requested by Ms. C. Ladd this date to replace the Proposed By-law attached to the report with a redated By-law. Moved by Alderman B. Stortz Seconded by Mayor D.V. Cardillo (A) That Zone Change Application 88/72/H/ZJ (Frances Gmach) requesting a change in zoning from Agriculture (A) to Restricted Residential (R2A) with special regulations and Park, Public Open Space (P) all according to By-law 4830, on Part of Lot 3, Reg. Compiled Plan 1482, be approved, in the form shown in the revised "Proposed By-law" attached dated April 6, 1992, subject to the subdivision conditions listed in (B) below. (B) That Subdivision Application 30T-86036 (Frances Gmach) be recommended to the Regional Municipality of Waterloo for Draft Approval, subject to the following conditions: That the Subdivider enter into a Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached plan of subdivision, and the following special conditions shall be written therein. The Subdivider covenants and agrees: 50. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated 90 11 27, providing that minor amendments to said plan, acceptable to the Commissioner of Planning and Development and not affecting the numbering of lots and blocks may be permitted without an amendment to this agreement. 51. To submit a Lot Grading and Drainage Control Plan for the approval of the Commissioner of Public Works, the Department of Parks and Recreation and the Grand River Conservation Authority, with the Plan to be approved by those affected agencies prior to registration of the Subdivision Plan. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 158 - MAY 11, 1992 PD 26/91 - HOMER WATSON BOULEVARD AND BLEAMS ROAD. - ZONE CHANGE APPLICATION 881721HIZJ. - SUBDIVISION APPLICATION 30T-86036 (FRANCES GMACH). - FAIRVlEW WARD. (CONT'D) 52. To submit for the approval of the City's Commissioner of Public Works in consultation with the City's Department of Parks and Recreation, and the Grand River Conservation Authority, a detailed engineering design for storm water management in accordance with the approved concept plan. Said engineering design shall include provision for any required erosion and siltation control features to be installed both during and after construction stages of each stage of the Plan of Subdivision. Further, the Subdivider agrees to implement all required measures as outlined in the approved final plan. 53. That prior to any grading, the Regional Archaeologist or a Consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the owner. 54. That the street names within the Plan of Subdivision shall be approved by City Council prior to registration of the Plan of Subdivision. 55. To construct 1.5 metre wide concrete sidewalks along the east side of Homer Watson Boulevard along the entire frontage of the subdivision and both sides of Streets One, Two and one side of Street Three to the walkway (Block 90), all to the satisfaction of the Department of Public Works. 56. To convey to the City of Kitchener, at no cost and free of encumbrance, Block 89 as Hazard Lands the following lands, concurrently with the registration of the plan of subdivision. 57. That construction traffic to and from the proposed subdivision shall be restricted to Homer Watson Boulevard and Bleams Road to access the Collector Road in 30T-860035 (Drewlo Holdings Inc.). Construction traffic shall be prohibited from using Block Line Road west of Homer Watson Boulevard. The Subdivider agrees to advise all relevant contractors, builders, and other persons of this requirement with the Subdivider being responsible for any signage, where required, all to the satisfaction of the Director of Traffic and Parking Services. 58. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 154/86, prior to registration of the Plan of Subdivision. 59. In consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on certain treed areas worth saving, the Subdivider agrees to design the grading and development of the subdivision in accordance with acceptable tree saving measures. In this regard the subdivider agrees to comply with the following two-step process in the development of the subdivision. (a) Prior to the City releasing the subdivision plan for registration, the Subdivider shall submit the proposed Grading Control Plan for the approval of the Commissioner of Parks and Recreation in consultation with the Department of Planning and Development. This approval shall be in addition to the Commissioner of Public Works approval required by Clause 36 of this agreement and the City agrees to co-ordinate engineering and tree saving objectives between the relevant City Departments in order to reach a satisfactory Grading Control Plan. The plan submitted to the Commissioner of Parks and Recreation shall show: Existing and proposed grade elevations. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 159 - MAY 11, 1992 PD 26/91 - HOMER WATSON BOULEVARD AND BLEAMS ROAD. - ZONE CHANGE APPLICATION 881721HIZJ. - SUBDIVISION APPLICATION 30T-86036 (FRANCES GMACH). - FAIRVlEW WARD. (CONT'D) ii) Indication of groundwater and surface drainage. iii) Description of soil characteristics. iv) Delineation of "work zones"; being defined as areas to be disturbed due to area/rough grading, cut and fill, installation of roads and services or construction vehicle access. v) Location and description of tree protection measures to be implemented around specified work zones. The Subdivider agrees that no road construction or any grading within the subdivision shall occur until such time as all measures for the protection of trees affected by such construction or grading have been implemented to the satisfaction of the Department of Planning and Development. vi) Location of proposed stock piles of excavation materials. (b) Prior to the subdivider applying for or being issued a building permit for any particular lot containing trees worth saving as shown on the Grading Control Plan approved by the Commissioner of Parks and Recreations, a Tree Saving/Site Plan for the particular lot shall be submitted to and approved by the Department of Planning and Development. Said plan(s) shall show: i) Delineation of "work zones"; being defined as areas to be disturbed due to site/final grading, excavation, installation of services, construction or vehicular access. ii) The approximate location, size, species and condition of all existing trees greater than 100 DBH which are located within a 6.0 metre band around the defined work zones. iii) Indication of which trees are to be saved within the 6.0 metre band around the work zones, such trees being tagged or similarly identified in the field by the subdivider. iv) Location, description of tree protection measures to be implemented within each particular lot around the works zone. The subdivider agrees to implement at his cost, the approved protection measures prior to any site grading, excavation, or construction occurring on any particular lot. v) The location of buildings, driveways and walkways. vi) Existing and proposed elevations. vii) Location of proposed stock piles of excavation materials. (c) The subdivider agrees to develop the subdivision in accordance with all approved plans and agrees that no trees shall be removed from the subdivision lands except those trees approved for removal as shown on the Grading Control Plan approved by the Commissioner of Parks and Recreation or as shown on the Approved Tree Saving/Site Plan(s) approved by the Department of Planning and Development without the permission of the City. Furthermore, the subdivider agrees to provide the relevant builders and prospective purchasers with a copy of the Grading Control Plan approved by the Commissioner of Parks PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 160 - MAY 11, 1992 PD 26/91 - HOMER WATSON BOULEVARD AND BLEAMS ROAD. - ZONE CHANGE APPLICATION 881721HIZJ. - SUBDIVISION APPLICATION 30T-86036 (FRANCES GMACH). - FAIRVlEW WARD. (CONT'D) and Recreation and a copy of the approved Tree Saving/Site applicable. Plan(s) where 60. To make a cash contribution to the City of Kitchener Park Trust Fund Account in lieu of land for park purposes and in fulfilment of the Planning Act's park dedication requirement. Said contribution shall be equivalent to 5% of the land being subdivided, with said value and contribution being determined as of the day before the day of draft approval and paid immediately prior to the registration of the subdivision. 61. To construct, at its cost and to the satisfaction of the Commissioner of Public Works, prior to the issuance of any building permits, an emergency vehicular access within Block 91 from Street Three to Homer Watson Boulevard. This access and design shall be subject to the approval of the Regional Municipality of Waterloo and said design shall include a knockdown barrier in order to prevent through traffic between these two streets. 62. To install a permanent 1.2 metre high wire fence or an alternative marking system along the boundary of Block 89 prior to occupancy of any the dwellings within Lots 1 to 16 inclusive and Block 86, or at such time as required by the Commissioner of Parks and Recreation. Further, the Subdivider agrees to include a statement advising of the fencing or marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for Lots 1 to 16 both inclusive and Block 86. 63. To fill, compact and grade in both preliminary and finished form, topsoil and seed/sod Block 89 if required, by and to the satisfaction of, the Department of Parks and Recreation; to be completed in conjunction with the timing of grading of surrounding residential development, not to exceed two years from the registration of the subdivision plan or at an alternate time approved in writing by the Commissioner of Parks and Recreation. 64. That registration and development of this Plan of Subdivision may only proceed immediately consecutive with or subsequent to the registration of Stage 2 of Draft Plan of Subdivision 30T-86035 in order to provide the primary access to the plan of subdivision. Should registration of this Plan proceed subsequent to Draft Plan of Subdivision 30T-86035 (Drewlo Holdings Inc.), the City agrees to open, by by-law, as 'public highway' the 0.3 metre reserves abutting Street One and Street Two in Stage 2 of Draft Plan of Subdivision 30T- 86035. 65. To provide planting strips having a minimum width of 4.6 metres and a 1.8 metre high chain link fence at the rear of all lots and block abutting Homer Watson Boulevard. Such planting strips and fencing are to be developed at the Subdivider's cost in accordance with plans/drawings approved by the City's Department of Planning and Development, prior to the issuance of any building permits with the subdivision plan. The Subdivider further agrees that said planting strips and fencing shall be installed within the affected lots and blocks prior to the transfer of title of such lots to the first occupant, or in the event of winter conditions shall be installed by June, immediately following such transfer of title. Furthermore, the Subdivider agrees to attach the approved planting plan to all Offers of Purchase and Agreements of Purchase and Sale and/or Rental Agreements for lots and blocks in which the required planting strip has not been installed due to winter conditions. It is acknowledged that the fencing of lands adjacent to Homer Watson Boulevard shall be subject to the requirements of the Regional Municipality of Waterloo; and that if physical noise barriers are required in accordance with Section 49 hereof, installation of said barriers shall substitute for the planting strip requirement. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 161 - MAY 11, 1992 PD 26/91 - HOMER WATSON BOULEVARD AND BLEAMS ROAD. - ZONE CHANGE APPLICATION 881721HIZJ. - SUBDIVISION APPLICATION 30T-86036 (FRANCES GMACH). - FAIRVlEW WARD. (CONT'D) 66. That Blocks 86, 87, and 88 shall only be used as lot consolidations with the adjacent lands legally described as Part 1, 58R-7404 (Felvira Developments) for single detached lots. No building permits shall be issued for Blocks 86, 87, and 88 until the title has been consolidated for development. (c) That the implementing Zoning By-law for Zone Change Application 88/72/HIZJ (Frances Gmach) not be presented to City Council until the Country Hills East Community Plan and Subdivision Application 30%86036 have received Regional Draft Plan Approval and the Country Hills East Community Plan has been approved by the Region whereupon the amending Zoning By-law shall be presented to Council for all three readings. It is the opinion of this Committee that the approval of this zone change and subdivision application is proper planning for the City and is in conformity with the City's Approved Official Plan. Carried Alderman J. Ziegler previously disclosed a conflict of interest and abstained from all discussion and voting as his parents own property near to the subject property. Alderman C. Weylie, Vice Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. 10. PD 41/92 - HOMER WATSON BOULEVARD. - ZONE CHANGE APPLICATION 911311HICL (FELVIRA DEVELOPMENTS). - FAIRVIEW WARD. Consideration of Staff Report PD 41/92 took place under separate title (item No. 7 of these minutes) in conjunction with discussion of Staff Report PD 25/91 and Staff Report PD 26/91. The Committee considered Staff Report PD 41/92 and agreed to revision requested by Ms. C. Ladd this date that renumbered the report from PD 13/92 to PD 41/92. Moved by Alderman B. Stortz Seconded by Mayor D.V. Cardillo That Zone Change Application 91/31/H/CL (Felvira Developments) requesting a change in zoning from Agriculture (A) to Restricted Residential (R2A) with special regulations according to By-law 4830 on lands legally described as Part of Reserve Block 'J', Registered Plan 1329 and Part of Lot 1, Registrar's Compiled Plan 1482, more particularly described as Part 1 and 2, Plan 58R-7404, be approved in the form shown in the attached "Proposed By-law" dated April 23, 1992 subject to the following conditions: To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk that All Regional requirements have been satisfied with respect to the proposed zone change prior to any reading of the amending zoning by-laws by City Council. The owner acknowledges that Condition 1 hereof is required to be satisfied no later than seven (7) months from the day of Council having approved by resolution, the amending zoning by-law relative to Zone Change Application 91/31/H/CL. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding their zone change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 162 - MAY 11, 1992 10. PD 41/92 - HOMER WATSON BOULEVARD. - ZONE CHANGE APPLICATION 91/31/H/CL (FELVIRA DEVELOPMENTS). - FAIRVlEW WARD. (CONT'D) Carried Alderman J. Ziegler previously disclosed a conflict of interest and abstained from all discussion and voting as his parents own property near to the subject property. Alderman C. Weylie, Vice Chairman, advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. Alderman C. Weylie, Vice Chairman, then vacated the Chair which was assumed by Alderman J. Ziegler who conducted the remainder of the meeting. 11. PD 30~92 - CITY OF KITCHENER OFFICE LOCATION STUDY AND PD 22/92 - KITCHENER WEST SIDE STUDY PART 1 REPORT: LAND NEEDS RE. - OPA 90/6 - 861431 ONTARIO LIMITED AND H. DREGER. - OPA 90/7 - EBY ESTATE. - OPA 91/6 - HESCH FARM. The Committee considered Staff Reports PD 30/92 and PD 22/92. EXISTING CONDITIONS & Staff Report PD 30/92 deals with the Kitchener Office Study Location Report which was attached. It was noted in PD 30/92 that the West Side Study Part 1 had concluded that large areas of undeveloped portions of the Huron Business Park were unsuitable for business park development due to the severity of topography and environmental considerations related to the protection of Strasburg Creek. Consequently, office uses have been suggested as an alternative but this raises questions about whether freestanding office uses should be permitted in areas designated as Business Park and whether such a policy may have a negative impact on the continuing efforts to encourage new office development in downtown Kitchener. Mr. B. Stanley noted that on July 22, 1991, City Council directed preparation of a report concerning the issue of office decentralization for consideration by this Committee in conjunction with the Phase 1 Report. Alderman B. Stortz pointed out that the Committee was in receipt of a letter dated May 8th from Cambridge Shopping Centres Limited requesting a one month deferral of consideration of this matter. The Committee agreed that presentation and discussion on this matter take place this date. Mr. K. Curtis commented on the recommendations in Staff Report PD 30/92 and reviewed the recommendations in the Office Location Study Report attached. Mr. G. Borovolis made a presentation relative to the summary of findings on pages 2 & 3 of the Office Location Study Report. In particular, he noted that demand for suburban office space was growing. Mr. K. Curtis pointed out the linkage between the two staff reports and that there were a variety of scenarios applicable to development on the Kitchener West Side. He referred to Staff Report PD 22~92 which contains recommendations pertaining to three Official Plan Amendments. He noted that the staff recommendation was to refuse Official Plan Amendment Applications 90/6 and 91/6 and to approve Official Plan Amendment 90/7. He commented that the two Official Plan Amendments recommended for refusal were considered premature as they are compromised by watershed, transportation, agricultural land and housing demand issues whereas Official Plan Amendment 91/7 was a serviceable parcel of land in a logical extension to existing Laurentian West. The Committee was in receipt of a report regarding the Official Plan Amendment OPA 91/7 for the Eby Estate - Bleams Road. The purpose of the amendment is to designate the lands as Low Density Residential in the Kitchener Official Plan in conformity with the policies of Settlement PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 163 - MAY 11, 1992 11. PD 30~92 - CITY OF KITCHENER OFFICE LOCATION STUDY AND PD 22/92 - KITCHENER WEST SIDE STUDY PART 1 REPORT: EXISTING CONDITIONS & LAND NEEDS RE. - OPA 90/6 - 861431 ONTARIO LIMITED AND H. DREGER. - OPA 90/7 - EBY ESTATE. - OPA 91/6 - HESCH FARM. (CONT'D) Policy A in the Regional Official Policies Plan. This change will ultimately permit the subject lands to be developed for residential uses as part of the Laurentian West Planning Community. The subject lands comprise approximately 13.7 hectares (33.8 acre) located on the north side of Bleams Road between Westmount Road and Trussler Road and were illustrated on Schedule A attached to the Official Plan Amendment Report. Alderman M. Yantzi questioned if decentralization of office uses was good planning as encouragement of suburban growth did not achieve a focal point for the City. In response to Alderman M. Wagner, Mr. G. Borovolis pointed out that 75% of enquiries to the Economic Development Department request suburban locations and the majority were from the Toronto area. Mr. K. Curtis pointed out that recently businesses have not had an option in Kitchener to locate in a suburban location in comparison to other municipalities. Mr. T. McKay pointed out that most downtown offices were on small floor plates and quite different from the type of office being requested in suburban locations. Mr. Paul Puopolo appeared as a delegation with regard to OPA 90/6, representing 861431 Ontario Limited to support the comments in his letter dated May 11, 1992 which was distributed this date. Mr. Puopolo advised that he was requesting that recommendation 2.1.1.1 be changed from refusal to continue to be processed until the Huron Park Community Plan Review, the Doon South- Brigadoon Transportation Network and Alignment Studies were completed. He requested that recommendation 2.1.1.2 be deleted. Further, he requested that an addendum be added to recommendation 2.1.3 as contained in his letter dealing with expansion of the urban settlement boundary to accommodate future urban residential for the Dundee Community. Ms. Astrid Clos, appeared as a delegation, with regard to OPA 91/6, on behalf of Freure Developments Limited with the same request as Mr. Puopolo and submitted a detailed letter dated May 11, 1992 to the Committee. Mr. Mark Dorfman, appeared as a delegation on behalf of Westmount Investments, Dorar and Candarend Investments who together own 300 acres east of Westmount Road and north of Huron Road. Mr. Dorfman advised that he was in support of all the recommendations contained in Staff Report PD 22~92. However, he asked for clarification of recommendation 2.1.6 on page 3 of the report. He commented that part of the lands designated as Business Park are shown as open space and stated that 2.1.6 does not apply to his client's lands and the recommendation applies strictly to lands west of Westmount Road whereas his client's lands were existing Business Park lands within Huron Business Park. Mr. B. Stanley indicated that staff concurred. Alderman J. Ziegler questioned if the changes requested by Mr. Puopolo cause a problem for Mr. Dorfman's client. Mr. Dorfman requested that the staff recommendation relative to lands within Huron Business Park be dealt with first and it was his view that the changes would have an impact and requested that consideration of Huron Business Park be separated from consideration of the West Side issues. Mr. Richard Haalboom, appeared as a delegation on behalf of Mr. & Mrs. Goettling who own approximately 175 acres south of Bleams Road fronting on Trussler Road. He asked that if a residential designation was not forthcoming then consideration be given to industrial and pointed out that the lands may cut into the designation of the Business Park. Further, he indicated that gravel would have to be extracted from his client's land. Mr. B. Stanley commented that the dividing line between designations should be the area that can be serviced by gravity. Alderman T. Galloway referred to the boundary extension to Bleams Road and questioned if it could go further. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 164 - MAY 11, 1992 11. PD 30~92 - CITY OF KITCHENER OFFICE LOCATION STUDY AND PD 22/92 - KITCHENER WEST SIDE STUDY PART 1 REPORT: EXISTING CONDITIONS & LAND NEEDS RE. - OPA 90/6 - 861431 ONTARIO LIMITED AND H. DREGER. - OPA 90/7 - EBY ESTATE. - OPA 91/6 - HESCH FARM. (CONT'D) Mr. Mark Nowak, appeared as a delegation on behalf of Select Sand and Gravel and Brian Kieswetter In Trust respecting 75 acres of lands zoned for gravel extraction fronting on Bleams Road and extending eastward from Trussler Road partially into the Business Park lands. He advised that he was asking that the boundary of the Business Park revert to what it was and that his client's land be fully included within the Business Park designation. Further, he advised that he had just received the staff reports and had engaged an engineer to review the boundaries. In this regard, he pointed out that the lowest depth of his client's lands was 7 metres higher than the lowest area of the Eby lands and that development of his client's land could be accommodated by gravity servicing. Also, he asked that given the Trussler Road/Bleams Road accessibility to the Conestoga Parkway that 58 acres be included in the area of Business Park designation. Mr. B. Stanley commented that the recommendation respecting the designation refers to the area as being "within the limits of the gravity system" and that there was enough flexibility in the wording to accommodate Mr. Nowak's request. Also, he noted that the map could be amended to be more general as required in accordance with the text. Mr. Al. Barron, appeared as a delegation on behalf of Mark Weiland, who was a shareholder in the corporation that has approximately 40 acres of land at the intersection of Ottawa Street South and Trussler Road. He circulated a submission this date and advised that Messrs W. Thompson, and Mr. B. Wilson were also in attendance to assist in answering any questions. Mr. Barron stated that his client wished to obtain a severance but that the property was bisected by the settlement line boundary. He advised that he was requesting interpretation of the settlement boundary line as running along Trussler Road so as to allow for a severance application to be considered. Mr. Curtis commented that if the boundary line of the settlement policy area was shifted there would be no problem. Mr. Tom Cahill, appeared as a delegation on behalf of owners of the Canada Trust Centre, advising that they had just been made aware of the Office Location Study and were unfamiliar with the report. They request that the Study be sent to downtown property owners and 30 days be allowed for a response to the City. Alderman T. Galloway enquired if building owners were consulted relative to the Study and Mr. Stanley informed the Committee that the Study had been advertised in the newspaper but no contact had been made with any particular company. Further, Mr. Cahill stated that a number of the building owners were from outside of Kitchener. Mr. P. Dietrich, appeared as a delegation on behalf of Northport Landing Inc. and Electrohome to advise that they were in support of Staff Report PD 30/92 and in particular Clause 1.2.1 of the Office Location Study recommendations. Mr. Dietrich advised that he recently submitted an Official Plan Amendment for offices in the area of Wellington Street and the Conestoga Expressway and wished to proceed as soon as possible. He noted that the report does have an impact and hoped that Planning Committee could deal with their application but if the reports before the Committee today were deferred, he would ask that his Official Plan Amendment Application continue to be processed and Mr. B. Stanley acknowledged that it would. Mr. John Whitney, Whitney and Somerfield, appeared as a delegation in support of the Office Study Location Report. He pointed out that the report recommendations were founded on good information. No other delegations responded to the Chairman's invitation to address the Committee on these matters. The Committee agreed to deal with Staff Report PD 30/92 - Kitchener Office Location Study. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 165 - MAY 11, 1992 11. PD 30~92 - CITY OF KITCHENER OFFICE LOCATION STUDY AND PD 22/92 - KITCHENER WEST SIDE STUDY PART 1 REPORT: LAND NEEDS RE. - OPA 90/6 - 861431 ONTARIO LIMITED AND H. DREGER. - OPA 90/7 - EBY ESTATE. - OPA 91/6 - HESCH FARM. (CONT'D) Moved by Alderman B. Stortz Seconded by Alderman C. Zehr EXISTING CONDITIONS & That Staff Report PD 30/92 Kitchener Office Location Study be deferred and referred to the meeting of the Planning and Economic Development Committee scheduled for July 6, 1992. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. The Committee then considered Staff Report PD 22/92 and agreed to revise the report with respect to the requests made by Mr. P. Puopolo and Ms. A. Clos. Accordingly, it was agreed that recommendation 2.1.1.1 be amended as requested, recommendation 2.1.1.2 be deleted and it was determined that the recommendation which Mr. Puopolo had asked be included as an addendum to 2.1.3 be inserted in place of 2.1.1.2 and it was agreed that an additional recommendation be included with recommendation 2.1.3.2 to address the issue of gravity servicing relative to the Select Sand and Gravel and Goettling farm lands. The Committee advised Mr. Barron that given the recommendations now before the Committee, his concerns had been satisfied and no further action was necessary on his part. The recommendations of Staff Report PD 22/92, as revised this date, were then considered. Moved by Alderman C. Zehr Seconded by Mayor D.V. Cardillo That the following be approved relative to the Kitchener West Side Study Part 1 report: Existing Conditions and Land Needs. 2.1.1 That the City of Kitchener Official Plan not be amended to permit urban residential uses in those areas examined in the Kitchener West Side Study Part 1 Report: Existin,q Conditions and Land Needs that are located beyond the existing boundary of Settlement Policy Area 'A' as designated in the Regional Official Policies Plan (ROPP) (see Map 1). 2.1.1.1 That OPA 90/6-861431 Ontario Limited and H. Dreger and OPA 91/6- Hesch Farm (see Maps 2 & 3) that seek to have the City of Kitchener Official Plan amended to designate the subject lands as Low Density Residential rather than Agricultural as proposed in OPA 118 as adopted by City Council on May 13, 1992, continue to be processed until the Huron Park Community Plan Review, the Doon South-Brigadoon Transportation Network and Alignment Studies are completed. 2.1.1.2 That Kitchener City Council advise the Council of the Regional Municipality of Waterloo its intention to expand the City of Kitchener's urban settlement boundary to accommodate future urban residential for the Dundee Community. This expansion of the Kitchener urban settlement boundary is based on the shortage of residential units, the logical extension of the urban boundary of the city and the need for the east-west arterial within the Regional and City Official Plans timeframe to 2016. 2.1.2 That the City of Kitchener Official Plan be amended to permit urban residential and open space uses in those areas examined in the Kitchener West Side Study Part 1 Report: Existinq Conditions and Land Needs that are currently located within the existing boundary of Settlement Policy Area 'A' as designated in the ROPP (see Map 5). PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 166 - MAY 11, 1992 11. PD 30/92 - CITY OF KITCHENER OFFICE LOCATION STUDY AND PD 22/92 - KITCHENER WEST SIDE STUDY PART 1 REPORT: LAND NEEDS RE. - OPA 90/6 - 861431 ONTARIO LIMITED AND H. DREGER. - OPA 90/7 - EBY ESTATE. - OPA 91/6 - HESCH FARM. (CONT'D) 2.1.2.1 EXISTING CONDITIONS & That OPA 90/7-Eby Estate which seeks to have the City of Kitchener Official Plan amended to designate the affected lands (see Map 4) as Low Density Residential, be approved. 2.1.2.2 That City staff be directed to initiate an Official Plan Amendment to designate the balance of the lands described in Recommendation 2.1.2.1 as Low Density Residential and Major Open Space as shown on Map 5. 2.1.3 That Kitchener City Council advise the Council of the Regional Municipality of Waterloo of its intention to expand the City of Kitchener's urban settlement boundary to accommodate future business park development west of Westmount Road and within the limits of gravity servicing. Further, that Kitchener City Council request that this intention be considered as part of the current review of the ROPP. 2.1.3.1 That the area of the lands located west of Westmount Road that will be recommended for designation as Business Park be approximately equivalent to the existing area of the Huron Business Park that is ultimately recommended for non-business park uses following completion of the Huron Business Park Community Plan Review. 2.1.3.2 That upon completion of the Huron Business Park Plan, that City staff be directed to amend the City of Kitchener Official Plan to designate an appropriate area of land located in the northeast corner of the block bounded by Westmount Road, Bleams Road, Trussler Road and Huron Road as Business Park. The general area of the amendment is shown on Map 5. However, it is recognized that the area shown is an approximation only and will likely change as detailed engineering studies are undertaken to identify the definitive location of the limits of gravity servicing. In particular, it is noted that there may be portions of the Select Sand and Gravel and Goettling farm lands which are located near the intersection of Bleams Road and Trussler Road, which may be shown to be located within the limits of gravity servicing. 2.1.4 That Kitchener City Council request the Council of the Regional Municipality of Waterloo to formally interpret the boundary of Settlement Policy Area 'A' between the Conestoga Parkway and Bleams Road as being Trussler Road to Bleams Road and easterly along Bleams Road to the westerly limit of the Strasburg South Sanitary Sewer System as defined in the Kitchener West Side Study Servicing Report (see Map 5). 2.1.5 That the Kitchener West Side Study Part 2 Report: Sta,qin,q of Development and Implementation not be prepared. 2.1.5.1 That the remaining funds in the Kitchener West Side Study account be reallocated to the Doon South-Brigadoon Transportation Network and Alignment Study. 2.1.5.2 That the subject area of the Doon South-Brigadoon Transportation Network and Alignment Study be expanded to include the existing undeveloped areas of the Huron Business Park and the lands located in the northeast corner of the Trussler Planning Community that are to be considered for future business park development. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 167 - MAY 11, 1992 11. PD 30~92 - CITY OF KITCHENER OFFICE LOCATION STUDY AND PD 22/92 - KITCHENER WEST SIDE STUDY PART 1 REPORT: LAND NEEDS RE. - OPA 90/6 - 861431 ONTARIO LIMITED AND H. DREGER. - OPA 90/7 - EBY ESTATE. - OPA 91/6 - HESCH FARM. (CONT'D) 2.1.5.3 EXISTING CONDITIONS & That, in accordance with the Terms of Reference for the Kitchener West Side Study, that Kitchener Council advise MacNaughton, Hermsen, Britton, Clarkson Planning Limited and associated consultants of the decision not to prepare the Kitchener West Side Study Part 2 Report: Staging of Development and Implementation. 2.1.6 That City staff be directed to initiate an Official Plan Amendment to designate all of the lands examined in the Kitchener West Side Study Part 1 Report: Existinq Conditions and Land Needs that are located below the Regional Floodline and/or that are part of the major woodlots identified in the Kitchener West Side Environmental Overview Assessment as Major Open Space. (See Map 5.) 2.1.7 That staff be directed to initiate an Official Plan Amendment to designate the balance of the lands examined in the Kitchener West Side Study Part 1: Existinq Conditions and Land Needs as Agricultural. (See Map 5.) Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. The Committee then considered the Official Plan Amendment Report with respect to the Eby Estate - Bleams Road. Moved by Alderman C. Zehr Seconded by Mayor D.V. Cardillo That the Official Plan Amendment (Eby Estate - Bleams Road) listed herein and the by-law implementing same be approved, namely: SECTION 4 - THE AMENDMENT The Official Plan of the City of Kitchener is amended as follows: Section IV. 11, "Policies for Specific Areas" is amended by revising existing policy IV. 11 .Ixxiv (74) as approved through adoption of Official Plan Amendment No. 118, to read as follows: IV. 11. Ixxiv(74) "The Laurentian West, Trussler, South Plains and Dundee Planning Communities contain potentially significant archaeological sites and buildings of architectural and/or historical interest. Prior to development taking place, provision is made for any required study and possible designation of such sites and buildings under the Ontario Heritaqe Act. Any development of lands which lie on property evaluated by the Archaeology Division of the Regional Municipality of Waterloo as exhibiting a moderate to high potential for the recovery of archaeological remains shall be preceded by an archaeological resource assessment and/or site specific mitigation." 2. Map 1, "Plan for Land Use" is amended as shown on the attached Schedule "A". It is the opinion of this Committee that the approval of this application is proper planning for the City. Carried PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 168 - MAY 11, 1992 11. PD 30~92 - CITY OF KITCHENER OFFICE LOCATION STUDY AND PD 22/92 - KITCHENER WEST SIDE STUDY PART 1 REPORT: EXISTING CONDITIONS & LAND NEEDS RE. - OPA 90/6 - 861431 ONTARIO LIMITED AND H. DREGER. - OPA 90/7 - EBY ESTATE. - OPA 91/6 - HESCH FARM. (CONT'D) The Chairman advised that thisrecommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. 12. PD 38/92 REVIEW OF KITCHENER'S LAND USE POLICIES WITH RESPECT TO AMUSEMENT ARCADES. The Committee considered Staff Report PD 38/92 dealing with a Review of Kitchener's Land Use Policies with Respect to Amusement Arcades. Some discussion took place amongst members of Council relative to additional information being required in order for Council to consider the matter. Alderman B. Stortz initially indicated that he was prepared to recommend extension of By-law 91- 215 to June 17, 1993. However, following discussion, he stated that he was prepared to support further discussion of the matter when additional information was forthcoming. Moved by Alderman B. Stortz Seconded by Alderman C. Zehr That action on Planning and Development Staff Report PD 38/92 (Review of Kitchener's Land Use Policies with Respect to Amusement Arcades) be deferred to allow for preparation of a more detailed staff report and that a Special Council Meeting be held on Monday, June 15, 1992 to consider this matter. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. 13. PD 39~92 - SOUTH PLAINS-TRUSSLER-DUNDEE-LAURENTIAN WEST. - RECOMMENDED MODIFICATIONS TO OFFICIAL PLAN AMENDMENT NO. 118. The Committee was in receipt of Staff Report PD 39/92 dated April 29, 1992 dealing with recommended modifications to Official Plan Amendment No. 118 - South Plains-Trussler-Dundee- Laurentian West. It was pointed out in the report that staff of the Region of Waterloo have proposed several minor modifications and that City staff were in agreement with all of the recommendations except the request to designate Trussler Road as a Trunk Road and the request to provide a list of interim land uses that are permitted within the West Side Study Area until Regional Council has adopted Official Plan Amendments for the affected areas. No delegations were registered with respect to this matter. Moved by Mayor D.V. Cardillo Seconded by Alderman B. Stortz That Kitchener City Council request the Council of the Regional Municipality of Waterloo to modify Official Plan Amendment No. 118 - South Plains-Trussler-Dundee-Laurentian West in accordance with the majority of the modifications that are recommended in the Region's post-circulation letter dated October 30, 1990, such modifications to include the following: 2.1.1 That Section IV. II "Policies for Specific Areas" be amended by revising proposed new Policy IV. ll.lxvi(66) to read as follows: "That the Trussler Planning Community which is bounded by Trussler Road, Bleams Road, Westmount Road and Huron Road, a block of land located on the southwest corner of the intersection of Huron Road and Westmount Road and a block of land bounded by Bleams Road, Trussler Road, the Conestoga Parkway and the old boundary of the Official Plan between the Conestoga Parkway and Bleams Road, be identified in the Official Plan as a Special Study Area. The Special Study PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 169 - MAY 11, 1992 12. PD 38/92 REVIEW OF KITCHENER'S LAND USE POLICIES WITH RESPECT TO AMUSEMENT ARCADES. (CONT'D) Area status recognized that this area is designated as Settlement Policy Area 'E' in the Regional Official Policies Plan and that until such time as independent planning, economic and engineering studies concerning alternative future development scenarios for the area are completed and the Regional Official Policies Plan is amended accordingly, the Special Study Area will not be assigned specific land use designations and related policies in the City of Kitchener Official Plan. In the interim, the only land use designations and related policies applicable to the Special Study Area shall be those contained in the Regional Official Policies Plan. New development within the Regional Floodline as shown on Map 2, Floodline and Environmental Areas will permitted only subject to the approval of a "Fill, Construction and Alterations to Waterways Permit", by the Grand River Conservation Authority." 2.1.2 That Section IV. II "Policies for Specific Areas" be amended by adding new Policy cii (102) as follows: cii (102) Notwithstanding the Agricultural land use designation which applies to the lands at 380 Plains Road, an amendment to the zoning by-law that applies to the property to permit expansion of the existing recreational use may be permitted subject to consideration of the following criteria: 1) The necessity for the proposed expanded use to be located in a rural area considering the characteristics of the use and the availability of lands within settlement areas designated by the Area Municipal Official Plans to accommodate such a use. 2) The necessity for the proposed expanded use to be located on the subject lands and the availability of other lands in the rural area to accommodate the use with less potential impact on agricultural, sand and gravel, forestry or fish and wildlife resources. 3) The likelihood of the proposed expanded use to fully utilize the lands proposed for rezoning. 2.1.3 That IV. 19 Agriculture, Policies iv) be modified such that the second sentence makes reference to "existing recreational", rather than "recreational". 2.1.4 That Section V. 12 Agricultural, Introduction be modified such that the second sentence makes reference to "existing recreational", rather than "recreational". 2.1.5 That Section V. 12 Agricultural Policies, 12.2 be modified such that the second sentence makes reference to "existing recreation activities", rather than "outdoor recreation activities" and that reference is made to "Agricultural Resource Policy Area B", rather than "Aggregate Policy Area A". 2.1.6 That Section V. 12 Agricultural Policies 12.2.4, be modified to read as follows: 12.2.4 Notwithstanding Policy 12.2.1, where two or more existing farms are to be merged in title or have been merged in title within the previous twelve months, one surplus farm related residential unit together with any ancillary surplus farm buildings may be severed from the merged farm provided that the severance meets the following conditions: 12.2.4.1 That the farm-related residential dwelling unit that is proposed to be severed is demonstrated to be surplus to the long term needs of the new merged farm. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES - 170 - MAY 11, 1992 12. PD 38/92 REVIEW OF KITCHENER'S LAND USE POLICIES WITH RESPECT TO AMUSEMENT ARCADES. (CONT'D) 12.2.4.2 That the proposed severance of the surplus farm-related residential dwelling unit does not result in creation of a Rural Settlement as defined in Section V. 13, Rural Settlement Policy 13.1 of this Plan. 12.2.4.3 That the maximum permitted size of the severed lot that contains the surplus farm-related residential unit and any ancillary surplus farm buildings shall be 1.2 hectares (3.0 acres). 12.2.4.4 That the minimum permitted size of the severed lot that contains the surplus farm-related residential dwelling unit and any ancillary surplus farm buildings shall be 0.4 hectares (1.0 acres). 2.1.7 That Section V. 12 Agricultural, Policies be modified by adding new policy 12.3.5 as follows: 12.3.5 The proposed use is an industrial or commercial use which is supportive to agricultural operations such as farm implement dealerships, grain drying and storage operations, feed mills, abattoirs, greenhouses, and similar uses which provide a direct service to agricultural operations as an exclusive or primary activity. 2.1.8 That the closed quotation marks at the end of Section 12.4.10 and the opening quotation marks at the beginning of Section 13.1, be deleted. 2.1.9 That Schedule 'A' dated 89/12/01 be replaced by the attached Schedule 'A' dated 92/30/04. It is the opinion of this Committee that the approval of these Modifications is proper planning for the City. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. 13. REQUEST FOR REPORT - CONVENTION CENTER Alderman B. Stortz requested preparation of a staff report on the development of a Convention Center. Moved by Alderman B. Stortz Seconded by Alderman G. Lorentz That the Chief Administrative Officer arrange for preparation of a staff report on the development of a Convention Center and that the report include draft terms of reference for a Study and budgetary implications. Carried The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Tuesday, May 19, 1992. 14. ADJOURNMENT On motion, the meeting adjourned at 6:50 p.m. L.W. Neil, AMCT Assistant City Clerk